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HomeMy WebLinkAboutPacket inforiN Proposal for Development Standards Variance Regarding 12085 River Road Prepared for the Carmel Board of Zoning Appeals Prepared by Kimberly Wise, Land Owner January 13th, 2012 JA '41 Docket No.: 11100008 Petitioner: Kimberi Wise 2. CARMELICLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE, Carmel, Indiana DATED THIS DAY OF 20 B oard Member Docket No.: 11100008 V Petitioner: Kimberly CARMELICLAY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The construction of an male structure without first buildir i a structure oses no harm to the comruni The use or value of the area adjacent to the property included in the variance will not be affected in a substantia adverse manner because: The is surrounded b a rivatel -owned vacant arcel of land to the north and east and the to the south. Northwood Hills Subdivision is to the west. Citizen's Water stormwater- treatment facili easin earth tones and a landsca Ian is osed to he The btaldin the view from the street. An parcel. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The •ra has been for sale since 2007. Due to the .Lro a bein in the SFHA the building ant there has not been a sin le offer on the s structure in structure to be built without a rimar restrictions and it bein Land until 2011. The variance allowin increase in traffic will be consistent with that of a home bein become addition to the variance to allow the structure to be 45'.x56' will allow the land o be sold develo e and more aesthetically pleasing than a vacant lot. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standard Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof: Adopted this day of 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals screen y built on this Conditions of the Board are listed on the back. Docket No.: 11100009 V Petitioner: Kimberl Wise 1. CARMELICLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana DATED THIS DAY OF 20 Board Member Docket No.: 11100009 V Petitioner: Kimberl Wise The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The construction of an amine structure of 45'x56' rather than the current allowable size of 24'x 30' ooses no harm to the communit dimensions. 2. The use or value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The is surrounded b a •"vete! -owned vacant iarcel of land to the north and east and the Citizen's Water stormwater-treatment fad!' 9 II eri will be aestheticall The buildin the view from the street. An CARMEL/CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE The structure will be at or under all other defined allowable earth tones and a Iandsca increase in traffic will be consistent with that of a home bein The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The iroiert has been for sale since 2007. Due to the ro e bein in the SFHA the build" restrictions and it bein. d *acnt to the w er reatment nt there has not been a in and until 2011. The variance alio". an ancilla structure to be built without a •rimer structure in addition to the variance to allow the structure to be 45'.x56' will allow the and to be sold develo ied and become more aestheticall 'eas". than a vacant lot. t SECRETARY, Carmel/Clay Board of Zoning Appeals DECISION to the south. Northwood Hills Subdivision is to the west. e Ian is IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standard Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals ro osed to hel screen built on this le offer on the Conditions of the Board are listed on the back. 1 Statement of Variance The potential purchaser of 12085 River Road seeks to erect an ancillary structure (pole barn) measuring 45'x56'. The site is zoned S-1 Residential. Two variances are being requested: (25.01.01:A.2) Seeking to erect ancillary structure with no primary structure (25.01.01B.5) The proposed structure shall be larger than the allowable ancillary structure size (1) BP ‘,A Statement of Support I purchased 12085 River Road in 2006 with the intent to build a two-story home with a basement. I had a letter (addressed to the previous owner) from the City of Carmel stating the lot was buildable (included in the following pages). I knew it was in a Special Flood Hazard Area (SFHA), but I researched the topic extensively and worked with FEMA to pursue a Letter of Map Revision (LOMR) to build the lot up and remove it from the flood plain, thus allowing the construction of a basement and eliminating the need for flood insurance According to the 2006 letter from The City of Carmel, this was allowable. However, when I attempted to get permitting to build, I was told City Code Section 6-198 Floodplain Management had been passed. It states that "Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage area of 25-acres or more, located within the City of Carmel is prohibited." I then turned to the City of Carmel since I had a letter stating opposing information. Carmel granted Variance #20070808145854 to me in 2007 to allow building a home with a loss in flood plain volume of 11,500 cubic feet. It allowed for the construction of a home but prohibited the construction of a basement. Also, the parcel could not be removed from the SFHA through FEMA. Once it was discovered a basement could not be put on the land, I realized I could not build the home I designed and put on the market for sale. Due to the fact the parcel is in the SHFA, the stringent building guidelines and the adjacent property usage, there has been no serious interest in developing the land. The property is surrounded by a privately-owned vacant parcel of land to the north and east and the Citizen's Water sto water-treatment facility to the south Northwood Hills Subdivision is to the west. The limited phone calls that were received quickly became disinterested. When the parties learned the lot would require flood insurance or that a basement could not be built, they were no longer interested. This was the case until 2011 when I was contacted by Joseph Claypool, the potential purchaser and beneficiary of this appeal. Joseph Claypool wishes to erect a 45'x56 pole barn to store landscape equipment. His is the first offer on the land since t went on the market in 2007. I do not believe any of the neighbors will be adversely affected by the erection of this pole barn structure. The structure will be used for solely for storage of landscape equipment (trucks, mowers, Bob Cats, etc.). There will be no business at this location. There will be no signage and no customer traffic. The increase in traffic will be consistent with that of a home. No more than three cars a day will enter the property to retrieve equipment, which they will then leave with. At the end of the day, they will return the equipment and drive their vehicles off the lot. The lot is currently tree-lined, but if this variance is granted, there is a landscape plan to add additional trees, shrubs and grasses to help screen the view from the Northwood Hills homes across the street (landscape plan follows). In addition, the pole bam will be aesthetically pleasing earth tones of tan and emerald green (see following pages for example photograph). The potential purchaser and I have been working with Gary Duncan in the City Engineering Department to ensure the proposed development will meet the current City standards. Together we have come up with the enclosed plan (which we are still adjusting slightly to reduce the impact the construction has on the surrounding area). We are committed to coming to a plan that works for us all. We are aware that the first 50' closest to the road will become a Right of Way for Carmel. Together with Gary and John Thomas, we are also taking into consideration the issues that need to be addressed regarding the Special Flood Hazard Area Please see supporting documents in following pages: photographs, site plan, aerial photo, map, Letter of Buildability from Carmel, example of proposed structure, etc, 11) :01 HAMIL TON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE 17-10-34-04-01-005.000 Wise, Christopher Kimberly 11037 Tenacious Dr Indianap is IN 16-10-34-00-04-001.000 Plum Creek Golf Club LLC 12401 Lynnwood Blvd Carmel Carmel IN 16-10-34-00-05-029.000 Quandt, C E Roberta A T/C 12315 Medalist Pkwy Carmel IN 16-10-34-00-05-030.000 Bickell, David L Linda L 12311 Medalist Pkwy IN 17.10-34-00-00-003.000 Friday, December 23, 2011 OTIF HE FOLLOWING PERSON Subject Neighbor Neighbor Neighbor Neighbor Department of Public Utilities for City of Indianapolis acting by 2020 Meridian St N Indianapolis IN 46236 46033 46033 46033 46202 Page 1 of 4 17-10-34-00-00-003.002 Woods, Donald S Jr Erika H 12012 Pebblebrook Ln Carmel IN 17-10-34-03-04-016.000 Waybright, George C Mary M 6317 Northwood Dr Carmel IN Neighbor Neighbor 46032 46033 17 -10 -34-03 -04- 018.000 Penzes, Robert J Jr 11964 River Rd Carmel IN 17-10-34-03-05-015.000 Deuser, Stephen L 11933 Hoster Rd Carmel IN 17- 10 -34- 04.01 -001 .000 Zheng, Xiaoyang 6320 Northwood Dr Carmel IN Neighbor Neighbor Neighbor 46033 46033 46033 17- 10 -34- 0401 002.000 AnseII, Harold S III Tina M Ziegler h &w 6330 Northwood Dr Carmel IN Friday, December 23, 2011 Neighbor 46033 Page 2 of 4 17-10-34-04-01-003.000 Neighbor Pursel, Marcella E with LE Marcella E Pursel Trustee of Arth 1305 Dees Rd W Lakeland 17-10-34-04-01-004.000 Featherston, Scott M 5925 122nd St E Carmel 17- 10- 34- 04- 01- 006.000 Bontrager, Ryan L Jennifer E 6331 Northwood Dr N Carmel FL IN IN 17-10-34-04-01-007.000 Fisher, Timothy J Carol C 11968 River Rd Carmel IN 17-10-34-04-01-008.000 Coburn, Caleb J Jessica L 11966 River Rd Carmel IN 17- 10 -34- 0402 001 ®001 Gay, Glen D Sr Alicia M 134 Paragon Ln Westfield IN Friday, December 23, 2011 Neighbor Neighbor Neighbor Neighbor Neighbor 33810 46033 46033 46033 46033 46074 Page 3 of 4 Fag go 1:3) 1!) 17-10-34-04-02-018.000 Stein. Richard P Jr 6083 122nd St E Carmel IN Neighbor 46033 Friday, December 23, 2011 Page 4 of 4 hr NOTICE OF PUBLIC HEARING BEFORE THE CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. 111 00008 -9 V Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 24 day of January, 2012 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to: Erect ancillary structure (pole barn) on lot with no primary structure. Erect ancillary structure no larger than 45'x56'. Property being known as 12085 River Road, Carmel, IN 46033. The application is identified as Docket No. 11100008-9 V. The real estate affected by said application is described as follows: Part of the Southeast Quarter of Section 34, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 34, Township 18 North, Range 4 East; thence Northerly 297.4 feet to the center line of River Road; thence North 90 degrees 00 minutes West (assumed bearing) along the center line of said River Road 1994.00 feet: thence South 31 degrees 10 minutes West along said center line 210.5 feet; thence South 31 degrees 10 minutes West along said center line 163.55 feet to the true Place of Beginning of this tract: Thence South 74 degrees 40 minutes East 229.01 feet: thence South 30 degrees 42 minutes West 199.87 feet: thence North 74 degrees 40 minutes West 229.01 feet to the center line of River Road; thence North 29 degrees 14 minutes East along said center line 139.57 feet; thence North 34 degrees 05 minutes East along said center line 60.45 feet to the place of beginning. Containing 1.02 Acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. r 1 6M1PM EAST 1 Id?, LJ' LVV%) 1;'' 1,s1 UCKER CAMEL Pebrl1%m7 23, 2006 RobertBoxell 6330 NaethwoodDr, Carmel, IDT 46033 u� 4 1;Ailtvitaka Jim Blenohard Building Commissioner Floodplain irminlstrator Buildb1c Parcel Veriticatton Community; City of Cannel 1 irceI 1D#: 1710340401005000. Clay Township ot Subdivisioni Hamilton County Address: 0 Riv Rd. Indfaa CBl2f101b fl 46033 N0. 111 P. 3 To Whom it May Concem The Depaitnien,t of Community Sorvi$i of the City of Carmel, citizen's has processed a o�ti�'s request to acknowledge that a parceLi1bui1d..ab1. Th above- Jaaa►ed panel is a build -abl parcel ifit moots the foliowing conditions: 1) It has adequate city wa supply—onoo available 2) It has adequate city e er eotvico --once available. 3) The appropriate elevati ns of the atractuts moat the Base -Flood $lavadon 3PB) requirements set forth the Foderal Ernergcnoy Manag�ncnt Agency (PEM4 4) It hu an proved bull g permit accompanied with a caxtifiaate of elevation to verify that the app tiate, aforementioned, BI requirements are met. xfI can be of fluter assistance, p1aaoIdo not hesitate to call me at (317) 571 -2450, Sfner.1y, D P TMz2 T D/ Co UNITY SERvLCL9 ON! Civvc SVVal; CARNAL IN 46032 PHONE 327,371,2417, FAx 317471,2426 July 25, 2007 Board of Public Works and Safety One Civic Square Carmel, IN 46032 Dear Board Members: JAMES BRAINARD, MAYOR RE: Variance Request City Code Section §6-198, Floodplain Management. Ms. Kim Wise, owner of the property with the Tax Parcel Identification No. 1710340401005000 and located on the east side or River Road at the intersection of River Road and Northwood Drive, has requested a variance from City Code Section §6 -198 Floodplain Management. Section §6 -198 states that: "Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage area of 25 -acres or more, located within the City of Carmel is prohibited." The property was reviewed to be "build- able" at a time when City Code Section §6 -198 was being enacted. The former property owner began conversations with the Department of Building and Code Services in September of 2006 to establish the lot as being "build- able The Department of Building and Code Services issued a Build -able Parcel Verification on February 23, 2006. However, the letter did not address filling of the floodplain, which became prohibited on February 6, 2006, the date the City Code Section §6- 198 was enacted. The entire property is encumbered by mapped Special Flood Hazard Area Zone AE per FIRM Panel 18057CO235F and is located in flood fringe area. The flood plain contains both floodway and flood fringe components. Erecting a structure within the floodplain serves to fill the land as the volume occupied by the building structure represents a loss of effective floodplain volume, In recommending approval of such a variance to the Board, the Department would typically suggest that the Board require mitigation of the loss in floodplain volume on the property such that there was no net loss of the floodplain. In this case, however, the Department is of the opinion that there is limited opportunity for mitigation of the loss of floodplain volume on the property. The proposed structure would result in a loss of approximately 11,500 -cubic feet of volume from the floodplain resulting from the 100 -year base flood. The petitioner is requesting a variance from the requirement to allow a loss of 11,500 -cubic feet of floodplain volume. Pursuant to Section 22.06 of Chapter 22 of the Carmel Zoning Ordinance, development within the Special Flood Hazard Area shall not create a damaging or potentially damaging increase in flood heights, velocity or threat to public health and safety. The Department is of the opinion that approval of this variance conforms with the intent of this section of the City Code. The Department is also of the opinion that adherence to City Code Section §6 -198 would result in an undue hardship to the property owner as the lot is essentially rendered not build -able as there is no ability to mitigate the loss in floodplain volume on the property. The Department recommends that the Board approve this request for variance conditioned upon the following: 1. The loss in floodplain volume be limited to that volume occupied by the portion of the structure below the Base Flood Elevation and any flood protection measures below the Flood Protection DEPARTMENT OF ENUINL-ERINC, ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571 s 2439 EMAIL engineering @carmel.in.gov Board of Public Works and Safety July 25, 2007 Variance Request City Code Section §6-198, Floodplain Management Page 2 of 2 Grade (as defined in 22.05 (B) (2) of Chapter 22 of the Cannel Zoning Ordinance and elsewhere in the City Code) required by Section 22.07 (B) of Chapter 22 of the Carmel Zoning Ordinance that the petitioner elects to utilize. 2. If the petitioner elects to utilize the flood protection measures allowed per Section 22.07 (B) (1) of Chapter 22 of the Carmel Zoning Ordinance, the maximum loss in floodplain volume below the Base Flood Elevation shall not exceed to the total of the following: a. A maximum of 11,500 -cubic feet due to the volume of soil or other fill placed directly under the footprint of the structure, and; b. That minimum amount of additional soil or other fill required to comply with this section, assuming a 4 :1 maximum side slope, provided that placement of such material does not violate Section 22.07 (B) (1) (d) of Chapter 22 of the Carmel Zoning Ordinance or other applicable City Code. 3. If the petitioner elects to utilize the flood protection measure allowed per Section 22.07 (B) (2) of Chapter 22 of the Cannel Zoning Ordinance, the maximum total loss in floodplain volume from the portion of the structure below the Base Flood Elevation shall not exceed 11,500 -cubic feet. If this method is utilized, no soil or other fill material shall be placed in the floodplain. 4. The structure is erected, and any areas /portions of the structure below the Flood Protection Grade utilized, in accordance with the regulations of federal, state and local agencies that have jurisdiction over construction in a mapped Special Flood Hazard Area Zone AE. 5. The petitioner obtains an approved ILP from the City prior to initiating construction in accordance with Section 22.05 (B) (2) of Chapter 22 of the Carmel Zoning Ordinance. 6. The petitioner acknowledges that the approval is for a maximum of floodplain volume loss and by no means is the petitioner obligated to utilize the maximum approved loss in floodplain volume. The petitioner is encouraged to minimize the impact to the floodplain. 7. In the event that the structure erected results in less than an 11,500 -cubic feet loss of floodplain volume due to the structure itself or due to the volume of soil or other fill placed directly under the footprint of the structure, the balance up to this value may not be filled with soil or other fill material other than that permitted under Article 2 above. Sincerely, Enclosures Michael T. McBride, P.E. City Engineer 11Apps2luser datal englshared0HillIBPWOMISESTSMVARIANCE .doc CARMEL BOARD OF ZONING APPEALS USE VARIANCE APPLICATION FEE: $1,517.00 plus $121.20 per acre DOCKET NO. 11100008-9 V DATE RECEIVED: 10/14/2011 1) Applicant: Kimberl Wise Address: 11037 Tenacious Drive Indiana olis IN 46236 2) Project Name: 12085 River Road Phone: Engineer/Architect Midwest Manufacturin throu h Menard's) Phone: 715 876-5555 Attorney: Phone: Contact Person: Kimberly Wise Phone: 317-748-1760 Email: kwise TAmultihousin .com 3) Applicant's Status (check the appropriate response): X (a) The applicant's name is on the deed to the property; (b) The applicant is the contract purchaser of the property; (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: 5) Record of Ownership Deed Book No./instrument No. 2006-17509 Page: Purchase date: 4/3/2006 6) Common address of the subject property: 12085 River Road Carme N 46033 Legal description: PT SE UDA 268-80 Ion version follows Tax Map Parcel No.: 17-10-34-04-01-005.000 Potentia measurin 25.01.01:A.2 Fax: 317-570-3677 Phone: 7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this appeal). urchaser of 12085 River Road seeks to erect an ancilla structure 45'x56' Seekin erect ancilla structure with no r r s ucture e barn AND 25.01.01:B.5 The o osed structure shall be lar er than the allowable ancilla structure size 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). I purchased 12085 River Road in 2006 with the intent to build a two-story home with a basement. I had a letter (addressed to the previous owner) from the City of Carmel stating the lot was buildable (included in the following pages). I knew it was in a Special Flood Hazard Area (SFHA), but I researched the topic extensively and worked with FEMA to pursue a Letter of Map Revision (LOMR) to build the lot up and remove it from the flood plain, thus allowing the construction of a basement and eliminating the need for flood insurance. According to the 2006 17) 160 Jr) letter from The City of Ca el, this was allowable. However, when I attempted to get permitting to build, I was told City Code Section 6-198 Floodplain Management had been passed. It states that "Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage area of 25-acres or more, located within the City of Carmel is prohibited." I then turned to the City of Carmel since I had a letter stating opposing information. Carmel granted Variance #20070808145854 to me in 2007 to allow building a home with a loss in flood plain volume of 11,500 cubic feet. It allowed for the construction of a home but prohibited the construction of a basement. Also, the parcel could not be removed from the SFHA through FEMA. Once it was discovered a basement could not be put on the land, I realized I could not build the home I designed and put on the market for sale. Due to the fact the parcel is in the SHFA, the stringent building guidelines and the adjacent property usage, there has been no serious interest in developing the land. The property is surrounded by a privately-owned vacant parcel of land to the north and east and the Citizen's Water stormwater-treatment facility to the south. Northwood Hills Subdivision is to the west. The limited phone calls that were received quickly became disinterested. When the parties learned the lot would require flood insurance or that a basement could not be built, they were no longer interested. This was the case until 2011 when I was contacted by Joseph Claypool, the potential purchaser and beneficiary of this appeal. Joseph Claypool wishes to erect a 45'x56' pole barn to store landscape equipment. His is the first offer on the land since it went on the market in 2007. I do not believe any of the neighbors will be adversely affected by the erection of this pole barn structure. The structure will be used for solely for storage of landscape equipment (trucks, mowers, Bob Cats, etc.). There will be no business at this location. There will be no signage and no customer traffic. The increase in traffic will be consistent with that of a home. No more than three cars a day will enter the property to retrieve equipment, which they will then leave with. At the end of the day, they will return the equipment and drive their vehicles off the lot. The lot is currently tree-lined, but if this variance is granted, there is a landscape plan to add additional trees, shrubs and grasses to help screen the view from the Northwood Hills homes across the street (landscape plan follows). In addition, the pole barn will be aesthetically pleasing earth tones of tan and emerald green (see following pages for example photograph). The potential purchaser and I have been working with Gary Duncan in the City Engineering Department to ensure the proposed development will meet the current City standards. Together we have come up with the enclosed plan (which we are still adjusting slightly to reduce the impact the construction will have on the surrounding area). We are committed to coming to a plan that works for us all. We are aware that the first 50' closest to the road will become a Right of Way for Ca el. Together with Gary and John Thomas, we are also taking into consideration the issues that need to be addressed regarding the Special Flood Hazard Area. 9) Present zoning classification of the property: S-1 10) Present use of the property: Vacant land 11) Size of lot/parcel in question: 1.05 acres u 1E 12) Describe the proposed use of the property: One ole barn structure measurin 45'x56' will be erected to store landsca e s ui i ment for small landsca e com an lease see Site Plan for details). Site will be na e or customer traffic No transactions will lace on the site. used solel if for stores e. There will be no s 13) Is the property: Owner occupied Renter occupied Other: Vacant 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. Board of Public Works Safet Variance #20070808145854 ranted ri ht to build in SFHA u to 11 500 cu.ft. oss in flood ,s lain volume. 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Work will commence in 2012 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? Jose h Cla ool who has the land under contract contin ent to the a s royal of these variances NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least Twenty -five (25) days prior to the public hearing date) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: Date: 10/14/2011 The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney.